HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Paul Masotti
Applicant
-and-
Bardon Supplies Limited
Respondent
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Masotti v. Bardon Supplies
1In Interim Decision 2010 HRTO 1336, the Tribunal deferred consideration of this Application until objections that the applicant had filed with the Workplace Safety and Insurance Board (“WSIB”) had been dealt with by the WSIB Appeals Branch.
2On January 14, 2011, the applicant delivered a copy of a decision of a WSIB Appeals Resolution Officer dated December 29, 2010. He asks the Tribunal to reactivate the Application. The respondent opposes the reactivation request on the grounds that the WSIB is still dealing with a number of issues relating to the applicant’s claim for benefits.
3In the Application, the applicant alleges discrimination in employment on the grounds of disability. Specifically, he alleges that the respondent did not accommodate his disability and that his employment was terminated because he had suffered a work-related injury and had a disability. The respondent denies the allegations and says that the applicant was accommodated and that the termination was not related to the injury or disability.
4It does not appear that the issues relevant to the applicant’s allegations are currently under consideration by the WSIB. The recent Appeals Resolution Officer decision found that the applicant was entitled to benefits under the WSIB’s psychotraumatic disability policy and directed further investigation to determine if the applicant is entitled to further benefits for a left wrist condition.
5The WSIB is accordingly still adjudicating various issues regarding the applicant’s entitlement to benefits under the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sch. A. However, on the basis of the information before me, it appears that the WSIB is not considering whether the respondent accommodated the applicant’s disability or whether the lay off and termination were discriminatory. In these circumstances, I find that it is appropriate for the Tribunal to reactivate and resume processing the Application.
Dated at Toronto, this 16th day of February, 2011.
”signed by”__________
Brian Cook
Vice-chair